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ARTICLE · 16 APRIL 2013

ASX Updates Guidance Note 8: Continuous Disclosure

The ASX released the final version of its guidance note on continuous disclosure (Guidance Note 8) on 13 March 2013.

AustraliaCorporate/Commercial Law

The ASX released the final version of its guidance note on continuous disclosure (Guidance Note 8) on 13 March 2013. The revised Guidance Note 8 has been submitted to ASIC and is expected to come into operation 1 May 2013.

In summary, the main changes to the old Guidance Note 8 clarifies:

  • that 'immediately' does not mean 'instantaneously' but rather 'promptly and without delay';
  • the operation of the 'reasonable person' test;
  • when an entity should ask for a trading halt to manage its continuous disclosure obligations; and
  • earnings surprises.

THE REQUIREMENT TO DISCLOSE INFORMATION "IMMEDIATELY"

ASX confirms that the word 'immediately' does not mean 'instantaneously' but rather 'promptly and without delay'.

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